142 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR-5269-2026 (O&M) Date of Decision: 14.07.2026 Naresh Kumar ...Petitioner Versus Union of India and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Ankush Verma, Advocate for the petitioner. **** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Articles 227 of the Constitution of India is seeking setting aside of order dated 19.05.2026 whereby learned Additional District Judge, Fatehgarh Sahib has dismissed his application filed under Order 26 Rule 9 of CPC for appointment of Local Commissioner. Learned ADJ has further closed petitioner’s evidence. 2. The petitioner filed a reference petition under Section 3H(3&4) of National Highways Act, 1956 seeking apportionment of compensation. The respondent disbursed compensation amount to all co- sharers including respondents No.6 to 44. As per petitioner, many of them have no possessory right or interest on the specific portion of land that was acquired. As per petitioner, the primary dispute revolves around the nature and valuation of acquired land. The acquired land was part of a developed commercial-cum-residential colony whereas respondent assessed as agricultural land. To establish his case, the petitioner filed an application under Order 26 Rule 9 of CPC seeking appointment of Local PRINCE CHAWLA 2026.07.14 18:27 I attest to the accuracy and integrity of this document CR-5269-2026 (O&M) -2- Commissioner. The purpose was demarcation of exact location of the acquired land. Learned ADJ by impugned order has dismissed petitioner’s application. Learned ADJ has held:- “The present case is reference under Section 3 H (3&4) of National Highway Act, 1956 with regard to the release of payment of compensation to the petitioner pertaining to land acquired by the Ministry of Shipping Road Transport and Highway, New Delhi for construction/widening of Ludhiana-Chandigarh Road in Tehsil Khamanon, District Fatehgarh Sahib. The objection was raised with regard to apportionment of the compensation amount and therefore, reference was made. Thereafter, issues were framed after seeking reply from the other side by my learned Predecessor vide order dated 09.01.2020. The applicants have been given number of opportunities including last opportunities till date. Even on 14.11.2025, last opportunity was granted subject to costs of Rs.200/- to be deposited in Legal Aid Fund. Again last opportunity, subject to cost of Rs.500/- was granted on 01.12.2025 and it was made clear that no further adjournment would be granted as the case pertains to the year 2018. On the next date of hearing, the applicant examined one PW and took number of opportunities. Even on 07.04.2026, one PW was examined and the applicants were given one opportunity to lead the entire evidence but on the next date of hearing, application in hand was moved. The appointment of local commissioner in the present proceedings at this stage is nothing else but an effort to delay the proceeding. In this view of matter, I do not find any ground for appointment of any local commissioner. When the case is hanging fire since 09.01.2020 for evidence of the applicants, even I do not find any ground for any further adjournment on the evidence of the applicants. Hence, the application in hand is dismissed and the evidence of the applicant is closed by order. Now to come upon 28.05.2026 for evidence of the respondent. PRINCE CHAWLA 2026.07.14 18:27 I attest to the accuracy and integrity of this document CR-5269-2026 (O&M) -3- 3. Learned counsel for the petitioner submits that learned ADJ has wrongly closed petitioner’s evidence. He may be granted one more opportunity to lead his evidence. 4. Considering the limited prayer, the petition stands disposed of with a direction to learned ADJ to grant one opportunity to petitioner to lead his evidence. It is made clear that petitioner would be granted only one opportunity and if he fails to lead his evidence, he would not be granted another opportunity. 5. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 14.07.2026 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2026.07.14 18:27 I attest to the accuracy and integrity of this document